Protection of Freedoms Act 2012

Part 6 Safeguarding of vulnerable groups

Police Act 1997

35 The Police Act 1997 is amended as follows.

36 In section 113A (criminal record certificates) omit subsection (10).

37 In section 113B (enhanced criminal record certificates) omit subsection (13).

38 In section 113BA(2) (suitability information relating to children) omit paragraphs (b) to (d).

39 In section 113BB(2) (suitability information relating to vulnerable adults) omit paragraphs (b) to (d).

40 (1) Section 119 (sources of information) is amended as follows.

(2) In subsection (2) omit “or for the purposes of section 24 of the Safeguarding Vulnerable Groups Act 2006”.

(3) In subsection (8)—

(a) omit paragraph (c), and

(b) in paragraph (d) for “that Act” substitute “the Safeguarding Vulnerable Groups Act 2006”.

41 In section 119B(5) (independent monitor) omit paragraphs (d) and (e).

42 (1) Section 120A (refusal and cancellation of registration on grounds related to disclosure) is amended as follows.

(2) In subsection (3A) omit paragraphs (b) and (c).

(3) Omit subsections (3B) and (3C).

(4) In subsection (3D)—

(a) for “subsections (3A) to (3C)” substitute “subsection (3A)”,

(b) for “those subsections” substitute “that subsection”, and

(c) omit the words from “, except” to the end of the subsection.

Safeguarding Vulnerable Groups Act 2006

43 The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

44 In section 4(1) (appeals)—

(a) omit paragraph (a),

(b) in paragraph (b)—

(i) after “paragraph” insert “2,”,

(ii) after “5,” insert “8,”, and

(iii) for “that Schedule” substitute “Schedule 3”, and

(c) in paragraph (c) for “or 18” substitute “, 18 or 18A”.

45 In section 5(4) (regulated activity)—

(a) omit “section 10(3);”, and

(b) omit “paragraph 4 of Schedule 6”.

46 In section 6(8) (regulated activity providers)—

(a) in paragraph (a), for “paragraph 4(1)(a), (b), (g), (h), (i), (j) or (m) or 8(1)(a), (d) or (e)” substitute “paragraph 1(9) or 7(9)”,

(b) omit paragraph (c), and

(c) in paragraph (d)—

(i) for “paragraph (a), (b) or (f) of section 59(10)” substitute “paragraph 7(3E)(a) or (b) of Schedule 4”, and

(ii) for “mentioned in that paragraph” substitute “exercisable by virtue of that position”.

47 In section 7(5) (barred person not to engage in regulated activity) omit paragraphs (b) and (c).

48 Omit section 8 (person not to engage in regulated activity unless subject to monitoring).

49 In section 9(5) (use of barred person for regulated activity) omit paragraphs (b) and (c).

50 Omit section 10 (use of person not subject to monitoring for regulated activity).

51 Omit section 11 and Schedule 5 (regulated activity provider: failure to check).

52 Omit section 12 and Schedule 6 (personnel suppliers: failure to check).

53 Omit section 13 (educational establishments: check on members of governing body).

54 Omit section 14 (office holders: offences).

55 Omit section 15 (sections 13 and 14: checks).

56 Omit section 16 (exception to requirement to make monitoring check).

57 Omit section 17 (NHS employment).

58 (1) Section 18 (offences: companies etc.) is amended as follows.

(2) In subsection (1)—

(a) omit “, 10, 11, 23, 27”, and

(b) omit “or Schedule 6”.

(3) In subsection (2)—

(a) omit “, 10, 11, 23, 27”, and

(b) omit “or Schedule 6”.

59 (1) Section 19 (offences: other persons) is amended as follows.

(2) Omit subsection (1).

(3) Omit subsections (3) and (4).

(4) Omit subsections (6) and (7).

(5) In subsection (8)—

(a) for “subsections (2)(b) and (3)(b)” substitute “subsection (2)(b)”, and

(b) omit paragraphs (b) and (c).

(6) Omit subsection (9).

60 In section 20 (section 19: exclusions and defences) omit subsections (2) to (7).

61 In section 35 (regulated activity providers: duty to refer)—

(a) in subsection (1), omit paragraph (b), and

(b) omit subsection (6).

62 (1) Section 36 (personnel suppliers: duty to refer) is amended as follows.

(2) In subsection (1) omit “or controlled activity”.

(3) In subsection (3)(a) omit “or controlled”.

63 (1) Section 37 (regulated activity providers: duty to provide information on request etc.) is amended as follows.

(2) In subsection (2)—

(a) omit paragraph (b), and

(b) in paragraph (d), omit “or controlled”.

(3) In subsection (4) omit “or controlled”.

(4) In subsection (5) omit “or controlled”.

64 In section 41(7) (registers: duty to refer), in the table, in column 1 of entry 3 for “Either of” substitute “Any of”.

65 (1) Section 50A (provision of information to the police) is amended as follows.

(2) In subsection (2) for “power conferred by subsection (1) does” substitute “powers conferred by this section do”.

(3) In subsection (3) for “subsection (1)” substitute “this section”.

(4) In the heading to section 50A, and in the italic cross-heading before it, after “police” insert “etc.”.

66 In section 51(5) (Crown application) omit paragraph (b).

67 (1) Section 54 (devolution: alignment) is amended as follows.

(2) In subsection (2) omit paragraph (a).

(3) In subsection (3) omit paragraph (b) (but not the word “or” at the end of it).

(4) In subsection (4) omit paragraph (b) (but not the word “or” at the end of it).

(5) Omit subsection (5).

68 (1) Section 56 (devolution: Wales) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2)—

(a) in paragraph (a) for “45(1), (5) or (9)” substitute “45(9)”,

(b) omit paragraph (c), and

(c) in paragraphs (d) and (e), omit “or (8)”.

(4) In subsection (3)—

(a) omit paragraphs (b) to (f),

(b) after paragraph (f) insert—

“(fa) section 34ZA(7),”,

(c) omit paragraph (j),

(d) in paragraph (l) for “41(1), (5) or (8)” substitute “41(8)”,

(e) omit paragraph (n),

(f) in paragraph (r) for “7(1)(f)” substitute “7(1)(f) or (g)”, and

(g) omit paragraphs (s) and (t).

69 In section 57(1)(c) (damages) omit “prescribed”.

70 (1) Section 60 (interpretation) is amended as follows.

(2) In subsection (1), in paragraph (b) of the definition of “personnel supplier”, omit “or controlled”.

(3) Omit subsection (3).

71 In section 61(3) (orders and regulations)—

(a) omit paragraphs (b) to (e),

(b) at the end of paragraph (h) insert “or”, and

(c) omit paragraph (j) and the word “or” before it.

72 (1) Schedule 3 (barred lists) is amended as follows.

(2) In paragraph 24, omit sub-paragraphs (8) and (9).

(3) In paragraph 25(1) after “will” insert “or (as the case may be) may”.

73 (1) Schedule 7 (vetting information) is amended as follows.

(2) In paragraph 1—

(a) for “sections 30 and 32” substitute “sections 30A and 30B”, and

(b) omit entries 3, 4, 7, 8 and 17 in the table.

(3) Omit paragraph 3(3).

(4) In the heading to the Schedule for “VETTING INFORMATION” substitute “BARRING INFORMATION”.

74 In Schedule 8 (transitional provisions) omit paragraph 5.

Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

75 The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) is amended as follows.

76 (1) Article 2 (interpretation) is amended as follows.

(2) In the first paragraph (2)—

(a) omit the definition of “institution of further education”, and

(b) in the definition of “personnel supplier”, in sub-paragraph (b), omit “or controlled”.

(3) Renumber the second paragraph (2) as paragraph (2A).

(4) Omit paragraph (3).

77 In Article 8(1) (appeals)—

(a) omit sub-paragraph (a),

(b) in sub-paragraph (b)—

(i) after “paragraph” insert “2,”,

(ii) after “5,” insert “8,”, and

(iii) for “that Schedule” substitute “Schedule 1”, and

(c) in sub-paragraph (c) for “or 18” substitute “, 18 or 18A”.

78 In Article 9(4) (regulated activity), omit sub-paragraphs (c) and (e).

79 In Article 10(8) (regulated activity providers)—

(a) omit sub-paragraphs (a) and (c), and

(b) in sub-paragraph (d)—

(i) for “sub-paragraph (a) or (c) of Article 3(10)” substitute “paragraph 7(3E)(a) or (c) of Schedule 2”, and

(ii) for “mentioned in that paragraph” substitute “exercisable by virtue of that position”.

80 In Article 11(5) (barred person not to engage in regulated activity) omit sub-paragraphs (b) and (c).

81 Omit Article 12 (person not to engage in regulated activity unless subject to monitoring).

82 In Article 13(5) (use of barred person for regulated activity) omit sub-paragraphs (b) and (c).

83 Omit Article 14 (use of person not subject to monitoring for regulated activity).

84 Omit Article 15 and Schedule 3 (regulated activity provider: failure to check).

85 Omit Article 16 and Schedule 4 (personnel suppliers: failure to check).

86 Omit Article 17 (educational establishments: check on members of governing body).

87 Omit Article 18 (office holders: offences).

88 Omit Article 19 (Articles 17 and 18: checks).

89 Omit Article 20 (exception to requirement to make monitoring check).

90 Omit Article 21 (HSS employment).

91 (1) Article 22 (offences: companies etc.) is amended as follows.

(2) In paragraph (1)—

(a) omit “, 14, 15, 27, 31”, and

(b) omit “or Schedule 4”.

(3) In paragraph (2)—

(a) omit “, 14, 15, 27, 31”, and

(b) omit “or Schedule 4”.

92 (1) Article 23 (offences: other persons) is amended as follows.

(2) Omit paragraph (1).

(3) Omit paragraphs (3) and (4).

(4) Omit paragraphs (6) and (7).

(5) In paragraph (8)—

(a) for “paragraphs (2)(b) and (3)(b)” substitute “paragraph (2)(b)”, and

(b) omit sub-paragraphs (b) and (c).

(6) Omit paragraph (9).

93 In Article 24 (Article 23: exclusions and defences), omit paragraphs (2) to (7).

94 In Article 37 (regulated activity providers: duty to refer)—

(a) in paragraph (1), omit sub-paragraph (b), and

(b) omit paragraph (6).

95 (1) Article 38 (personnel suppliers: duty to refer) is amended as follows.

(2) In paragraph (1) omit “or controlled activity”.

(3) In paragraph (3)(a) omit “or controlled”.

96 (1) Article 39 (regulated activity providers: duty to provide information on request etc.) is amended as follows.

(2) In paragraph (2)—

(a) omit sub-paragraph (b), and

(b) in sub-paragraph (d), omit “or controlled”.

(3) In paragraph (4) omit “or controlled”.

(4) In paragraph (5) omit “or controlled”.

97 (1) Article 52A (provision of information to the police) is amended as follows.

(2) In paragraph (2) for “power conferred by paragraph (1) does” substitute “powers conferred by this Article do”.

(3) In the heading to Article 52A, after “Police”, insert “etc.”.

98 In Article 53(5) (Crown application), omit sub-paragraph (b).

99 (1) Article 56 (alignment with rest of UK) is amended as follows.

(2) In paragraph (2) omit sub-paragraph (a).

(3) In paragraph (3) omit sub-paragraph (b) (but not the word “or” at the end of it).

(4) In paragraph (4) omit sub-paragraph (b) (but not the word “or” at the end of it).

(5) Omit paragraph (5).

100 In Article 57(1)(c) (damages) omit “prescribed”.

101 (1) Schedule 1 (barred lists) is amended as follows.

(2) In paragraph 24, omit sub-paragraphs (8) and (9).

(3) In paragraph 25(1) after “will” insert “or (as the case may be) “may”.

102 (1) Schedule 5 (vetting information) is amended as follows.

(2) In paragraph 1—

(a) for “Articles 32 and 34” substitute “Articles 32A and 32B”, and

(b) omit entries 3, 4, 7, 8 and 17 in the table.

(3) Omit paragraph 3(3).

(4) In the heading to the Schedule for “VETTING INFORMATION” substitute “BARRING INFORMATION”.

103 In Schedule 6 (transitional provisions) omit paragraph 5.